Victory before the Supreme Administrative Court in the case of the building conditions decision

On June 25, 2024, the Supreme Administrative Court issued a ruling in a multi-year dispute concerning the decision on building conditions, it dismissed the cassation complaint in favor of the client’s law firm (the investor), thereby upholding the previously established building conditions by the authorities.

Case details

The building conditions for a multi-family residential building were challenged, among other things, as violating the existing spatial order and not considering the principle of functional continuity (also referred to as the principle of good neighborhood), given that single-family residential buildings predominantly characterized the area. However, the Court sided with the investor in this regard and, in the oral reasoning of the decision, confirmed the existing jurisprudence, according to which both single-family and multi-family buildings are forms of residential development, i.e., serving the same function. Based on the principle of investment equality, each should be considered sufficient to acknowledge functional continuity. Therefore, it is possible to issue a building conditions decision for a multi-family residential building in an area primarily characterized by single-family residential development.

Our team

The case was handled by experts from the Real Estate Law Team and the Administrative Law Department: Mariusz Kowolik – Partner and Attorney-at-law, Jacek Ziembiński– Advocate and Dominika Kaczmarek – Trainee Attorney-at-law.